Court orders exhumation of remains of Limpopo businessman for second postmortem

The high court in Polokwane has granted an order permitting the exhumation of the body of Limpopo businessman Theophilus Mphosi, who was buried in June last year.  

The order permits that a second postmortem be conducted on his body before reburial. This process will take place from September 18 to 20. 

Moditswi Cindrella Ramokoto launched the application on Monday last week to exhume her late brother’s remains because she suspected foul play in his passing.

Mphosi was the CEO of Rheinland group of companies and Global Oil. Mphosi saw the business grow from one franchise station in Senwabarwana (Bochum) in 2008 to over 100 Global filling stations by the time of his death. 

“This application is brought for the forensic examination of his body, and to assist with criminal investigations into the circumstances of his passing and a formal inquest into my late brother’s passing,” she said.  

Ramokoto described her brother’s death as sudden and unexpected.  

Mphosi, who was 40 at the time of his death, had returned from a tombstone unveiling when, according to his bodyguard, he suddenly started to have seizures.

He had reportedly previously been “fine with no complaints of coughing or pain”.   

Mphosi passed away shortly after arriving at a hospital in Ermelo, Mpumalanga. 

A June 6 2022 autopsy report, conducted by Dr Moleka Vincent Mojapelo, concluded Mphosi’s death was “consistent with pneumonia”. Ramokoto disputed this finding and asked for another.

She asked the court to appoint a forensic toxicologist to perform toxicology tests on Mphosi’s remains as she thought her brother may have been poisoned. 

Mphosi’s widow Reilly Mphosi and her father-in-law Sidipa Mphosi did not oppose the exhumation of his remains. 

However, they asked that for the sake of ensuring the integrity of any possible investigations that may ensue after an exhumation, an independent pathologist be appointed at their cost. 

In an order made on Tuesday, judge Gerrit Muller directed the Limpopo health MEC and  the Molemole municipality to grant a permit for the disinterment of the mortal remains of Mphosi from Shakoleng village in Senwabarwana (Bochum). 

The order also directed the police to take all steps necessary to ensure the disinterment of the remains of the deceased on September 18 and to ensure the disinterment and subsequent reburial are undertaken in compliance with regulations relating to the management of human remains. 

The court ordered Dr Sipho Mfolozi, at the cost of Ramokoto, together with the state pathologist, to immediately perform on September 19 a second postmortem examination of the mortal remains at the Polokwane forensic pathology services mortuary.  

They were also ordered to collect any samples deemed necessary for further testing and submit such samples to the police forensic science laboratory and other forensic laboratories as directed by Mfolozi in conjunction with the state pathologist. 

The court also ordered Dr Tim Laurens, at the cost of Ramokoto, to immediately analyse — in combination with the National Health Laboratory Service and if necessary with the assistance of international testing laboratories —  such samples as is necessary for the purposes of establishing the likely cause of death and any other information that may assist the police in the investigation of the circumstances surrounding the deceased’s passing. 

Mfolozi and the state pathologist were ordered to execute postmortem reports within 30 days after receiving the results of all the test they requested.

The order said the police shall permit the attendance of the deceased’s immediate family members at the disinterment and subsequent reburial of the deceased, provided that any attending family member shall be obligated to comply with all police instructions and to remain at all times outside a 20 metre radius of the burial site.

The police shall also ensure the exhumation and reburial will be conducted in a dignified manner, with the exclusion of any media. 

The court also ordered that police shall ensure that all the reports required are submitted in affidavit form, together with all relevant statements, to the director of public prosecutions in terms of the Inquests Act.

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